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(영문) 대구지방법원서부지원 2016.11.08 2016가단55688

청구이의

Text

1. The Defendant’s compulsory execution against the Plaintiff based on the Daegu District Court Branch Decision 2015Gahap1537 Decided the Plaintiff.

Reasons

Basic Facts

On May 6, 2013, the Defendant entered into a lease contract with B and mobile phone rink facilities with the acquisition cost of KRW 1,042,93,00, the lease period of KRW 36 months, each lease fee of KRW 23,242,90, and the overdue interest rate of KRW 24%, and C, the representative director of B, guaranteed the obligation of KRW 2 under the above lease contract.

Since September 22, 2014, B lost the benefit of time due to delinquency in lease fees, and as of July 20, 2015, B was liable for the Defendant’s debt of KRW 563,295,376.

On July 15, 2014, the Plaintiff entered into a contract to purchase 480 million won (hereinafter “instant sales contract”) and 231, Daegu Suwon-gu, Daegu-gu, Inc. (hereinafter “instant real estate”) owned by C and C, and completed the registration of ownership transfer on July 23, 2014.

At the time of the instant purchase and sale contract, the instant real estate was set up in the Daegu Bank, the maximum debt amount of KRW 364 million, and the 65 million maximum debt amount, in the future, for the DNA Capital.

With respect to the instant real estate, the Daegu District Court started the voluntary auction procedure to E with the application of the Daegu District Court, which was the mortgagee of the instant real estate. On July 14, 2015, the auction court distributed the amount of KRW 566,224,105, to the Daegu Bank, the applicant obligee, KRW 364,000,000, and KRW 2,000,000,000 to the Daegu Bank, the applicant obligee, as the obligees, the amount of damages arising from the exercise of the obligee’s right of revocation.

Specifically, to the Korea Technology Credit Guarantee Fund, which is a person with provisional attachment rights, 7,898,264 won, 5,265,510 won in Daegu Credit Guarantee Foundation, 10,063,204 won in the Small and Medium Business Corporation, 600,704,362 won in the amount of reported claims, 93,029,029,837 won in the amount of reported claims, 13,585,578 won in the Industrial Bank of Korea, and 30,973,585 won in the limited company specializing in the third securitization of new assistant 2013 and 2013, and 41,408,128 won in the amount of dividends distributed to F, who

Since then, the defendant filed against the plaintiff, 2015Gahap1537 (hereinafter referred to as "the case").